Legal Question in Family Law in California

Child Support Modification???

In 1995 I signed a stipulated judgement reducing my child support obligation. The woman now wants to increase the amount by $300.00/month. Here's my question: Can she simply contact the DA Child Support Division to have it modified or does this need to be agreed upon in court mediation since we both originally agreed to the current amount in 1995?

This woman has also been fired from decent paying jobs and now works in a low paying super market position. Will this ultimately mean that I will have to pay more money due to her inability/lack of desire to keep a good job??


Asked on 4/19/01, 10:53 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Child Support Modification???

She can ask for a child support modification if there has been a "change of circumstances". Generally, inflation during that time will be a sufficient change in circumstances. Mediation is not required for child support, but can be taken directly by motion to the judge. Child support is calculated by formula. You may wish to go to my website www.californiachildsupport.com to get more information. The judge can make an order based upon her ability to earn, not just her earnings. You will probably need to subpena the records of her previous employers to show her earnings. Talk to an attorney in the area in which you live and get a consultation about your child support. Even if you don't hire an attorney, you will get some valuable information. My suggestion though is that because of the complexity of your case you should have an attorney. Good Luck

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Answered on 6/13/01, 11:03 am


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